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Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). [1] For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
The Summary Jurisdiction Act 1884 swept away special forms of procedure contained in a large number of statutes, and substituted the procedure of the Summary Jurisdiction Acts. The Summary Jurisdiction Act 1899 added the obtaining of property by false pretences to the list of indictable offences that could sub modo be summarily dealt with. The ...
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
In R. v. Morin, [1992] 1 S.C.R. 771, the Supreme Court of Canada clarified the test set out in Askov, noting that the accused bears a certain onus to demonstrate actual prejudice as a result of delay. In cases of very extensive delay, however, the court found that prejudice could be inferred.